Suchergebnisse

The problem of international migration at this time has become a problem for every country, be it country of origin, country of destination or country of transit. Several government policies related to granting visas to foreign nationals are expected to encourage the number of foreign arrivals to Indonesia. However, the existence of these policies has resulted in an increase in the number of immigration violations in Indonesia. The main problems in research on Immigration administrative sanctions against foreigners in Indonesia in terms of Law Number 6 of 2011 concerning Immigration are: How effective is the implementation of administrative sanctions against visa violators by foreign nationals and How are the efforts of immigration officers in preventing visa violations by foreign nationals? foreign nationals in Bali. The research method that the author uses is an empirical type with the aim of the studybeing to see the effectiveness of administrative sanctions against foreign nationals who violate visas in Bali. The theories used are Legal Certainty Theory, Legal Effectiveness Theory, Law Enforcement Theory, Authority Theory, Justice Theory and Benefit Theory. The results of the study indicate that application administrative sanctions for violations of visas inthe Bali Region have not been effective, it can be seen from the data obtained in the field during the last five years there are still many foreign nationals who have been caught in violation casesand during the last five years the number of cases violations in Bali continue to increase. This shows that administrative sanctions do not provide a deterrent effect for perpetrators and other foreigners. Therefore, the immigration authorities should be firm in bringing cases of violations and misuse of visas to court. Immigration officers' efforts to prevent visa violations in Bali are in the form of preventive and repressive measures, the Immigration Office in Bali coordinates withrelevant agencies or agencies, receives reports and follows up on any reports, takes action against foreign nationals who violate. Obstacles faced by the Immigration Office in preventing the abuse of visa-free visits for foreigners in Bali are internal factors including limited human resources, limited operational budget for immigration control, low expertise of immigration officers in supervising foreigners, and external factors, namely the role of the community that has not been supportive immigration officers in providing correct information regarding the presence and activities of foreign nationals.

Intro -- Acknowledgements -- Contents -- Notes on Contributors -- Table of Cases -- Table of Legislation -- Table of Secondary Legislation -- Table of Statutes -- Table of Other Materials -- Table of EU Material -- Table of International Material -- Table of National Material -- PART I: INTRODUCTION -- 1. The Reality of Indian Regulation -- Introduction -- I. Doctrinal Incoherence and Uncertainty -- II. Regulatory Incapacity and Structural Weaknesses -- III. Regulatory Independence and Design -- IV. New Technologies and Dated Regulatory Frameworks -- V. International Regulation as a Domestic Policy Anchor -- Conclusion -- PART II: FOUNDATIONS -- 2. Indian Administrative Law and the Challenges of the Regulatory State -- Introduction -- I. The Constitution and Administrative Law -- II. The Supreme Court and Administrative Law -- III. The State and Administrative Law -- IV. The Citizen and Administrative Law -- Conclusion -- 3. Reclaiming Indian Administrative Law -- Introduction -- I. Common Law Review of Administrative Action -- II. The Arbitrariness Doctrine -- III. Social Rights -- IV. Implications of the Eclipse of Administrative Law -- V. Reinvigorating Administrative Law -- Conclusion -- 4. Constitutional Regulationof the Fourth Branch -- Introduction -- I. Constitutional Foundations -- II. Agencies and the Constitution -- III. Enforcing Accountability in Practice -- Conclusion -- PART III: REGULATORY DOMAINS -- 5. Securities Markets -- Introduction -- I. Evolution and Expansion of Sebi's Role in India's capital Markets -- II. Regulatory Turf Wars -- III. Balancing Independence and Accountability -- IV. Enforcement Concerns and Regulatory uncertainty -- V. Weak State Capacity -- Conclusion -- 6. Banking -- Introduction -- I. Banking Regulation: The Present Framework -- II. Structural Issues -- Conclusion -- 7. Infrastructure -- Introduction

The Elections (Elections) in Indonesia is a process of democratization to elect national leaders and people's representatives who are elected directly by the people. The process of organizing the General Election is carried out through the stages stipulated in the Election Commission Regulation. One of the stages that must be passed in the holding of elections is the implementation of campaigns that are part of the political education of the community. In the implementation of an election campaign, election participants can form a campaign team that is responsible for the technical implementation of the campaign. Election administrative violations often occur in the stages of the campaign carried out by election participants which can consequently be detrimental to the election organizers and fellow election participants. Every settlement of election administrative violations can be decided by the Election Supervisory Body (Bawaslu) no later than 7 (seven) working days after the findings and reports are received and registered and then recommended to the KPU for further action. In reality on the ground, there are still many cases of election administrative violations that cannot be resolved due to several obstacles faced, namely the difficulty of finding the reporting party and the limited time in the process of filing reports and findings

The study of collective action has matured dramatically since Mancur Olson challenged scholars by positing a general theory in his pathbreaking book on The Logic of Collective Action (1965). Olson's theoretical predictions related to the incapacity of individuals, except under limited conditions, to solve on their own what are now known as `collective action problems'. Olson argued that one characteristic of goods - that of exclusion - defined all public goods. In contemporary analysis, the problem of achieving exclusion of noncontributors has come instead to characterize all types of collective action problems. Multiple subtypes of collective action problems have been identified. One major class of collective action problems are referred to in contemporary literature as public goods. Another class are referred to as common-pool resources. Common-pool resources are characterized by difficulty of exclusion and subtractability of resource units and are threatened by overuse leading to congestion or even destruction of the resource. Such threats do not apply to public goods. Diverse production and allocation functions generate further important differences in behavior and outcomes. Scholars have also begun to recognize multiple types of property right bundles that distinguish among authorized entrants, users and claimants, proprietors and full owners. Empirical studies show that groups of individuals who possess at least the rights of proprietorship are able to govern and manage their systems more effectively than presumed in the earlier theoretical literature. The article ends with an analysis of the factors that may be conducive to the organization of a common-property regime as contrasted to a private-property regime.

The study of collective action has matured dramatically since Mancur Olson challenged scholars by positing a general theory in his pathbreaking book on The Logic of Collective Action (1965). Olson's theoretical predictions related to the incapacity of individuals, except under limited conditions, to solve on their own what are now known as 'collective action problems'. Olson argued that one characteristic of goods -- that of exclusion -- defined all public goods. In contemporary analysis, the problem of achieving exclusion of non-contributors has come instead to characterize all types of collective action problems. Multiple subtypes of collective action problems have been identified. One major class of collective action problems are referred to in contemporary literature as public goods. Another class are referred to as common-pool resources. Common-pool resources are characterized by difficulty of exclusion & subtractability of resource units & are threatened by overuse leading to congestion or even destruction of the resource. Such threats do not apply to public goods. Diverse production & allocation functions generate further important differences in behavior & outcomes. Scholars have also begun to recognize multiple types of property right bundles that distinguish among authorized entrants, users & claimants, proprietors & full owners. Empirical studies show that groups of individuals who possess at least the rights of proprietorship are able to govern & manage their systems more effectively than presumed in the earlier theoretical literature. The article ends with an analysis of the factors that may be conducive to the organization of a common-property regime as contrasted to a private-property regime. 1 Table, 2 Figures, 142 References. [Copyright 2003 Sage Publications Ltd.]

El Juicio de Interdicción en la Ciudad de México es un procedimiento que carece de eficacia y protección para el toda persona que se encuentra limitada en la capacidad para ejercitar derechos y contraer obligaciones por sí misma. El presente documento tiene como finalidad esclarecer los puntos más delicados de dicho procedimiento para que el lector pueda entender las deficiencias que la legislación civil adjetiva contiene y justificar la necesidad de una reforma integral al procedimiento que conoce sobre la declaratoria de incapacidad de una persona. ; The Interdiction Trial in Mexico City is a procedure that lacks efficacy and protection for any person who is limited in the capacity to exercise rights and incur obligations for itself. The purpose of this document is to clarify the most delicate points of this procedure so that the reader can understand the deficiencies that the adjective civil legislation contains and justify the need for a legal reform of the procedure that knows about the declaration of incapacity of a person.

The best way to think about the climate emergency is to imagine humanity has just arrived at a new planet somewhere in a distant galaxy. After all, as scientists tell us, our planet Earth will soon look like a new planet, with conditions radically changed from the 'climate niche' of the past 10,000 years, during which human civilization developed. Once settled on the new planet, our task is to terraform it, to build a new natural environment fit for human life and human flourishing. My general approach to the politics of climate change thus differs from the most common view among environmentalists. I do not believe we can speak of climate change as a product of the Anthropocene, the human-built world. Our inability to control the consequences of climate change shows this is still at heart a natural process, one triggered by human beings or, more specifically, by our limited ability to control natural processes and therefore by our incapacity to control the unintended consequences of our actions and choices. The solution to the climate emergency is not to exit the Anthropocene but, intriguingly, to enter it for the first time. The world building is a task significantly full of existential meaning and urgency.

The administrative responsibility for the wrongful acts committed by foreign citizens in Ukraine is very relevant today, since not all of them have a law-abiding behavior. To a large extent, this applies to foreign nationals who are targeted for official employment. Sufficiently many of them are illegal migrants who, for whatever reason, violate laws. Important in this regard is the application of administrative liability for offenses committed by migrant workers, taking into account their origin and legal status. The employment opportunities on the official labor market of Ukraine are negligible, besides, employment in the state economy sector does not guarantee welfare and does not provide the needs for the reproduction of the labor force of the workers. This prompts the departure of Ukrainian gourmets abroad. Along with other countries, foreign citizens come to Ukraine in search of work. The article analyzes the concept of administrative responsibility for violation of migration legislation. The types and signs of an administrative offense in the field of labor migration are considered. The permissible terms of stay of foreigners in Ukraine are indicated. Administrative responsibility is a legal reaction of the state to the committed person administrative and punitive actions, for which the authorized body or officer applies to the offender measures of administrative influence. For administrative violations of the migration law, the following types of administrative sanctions are foreseen: a warning, a fine, confiscation of the object that became the instrument of committing an offense or its direct object, and an administrative arrest.

Examines resolutions passed that target specific states, governments, and other political actors for human rights violations, focusing some on types of actors, their regional distribution, and Commission actions and reasons for its limited effectiveness. Summary in French.

The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.

The study considers the phenomenon of fundamentalism as an essential part of the modern globalized social and political system. The historic notion of fundamentalism appeared in hermeneutics and had been highly specialized defined as the literal interpretation of the religious text. Having engendered as an opposition between religious modernization and liberalization in terms of American Protestantism, fundamentalism quickly became the significant social and political force. Fundamentalism reached its negative peak when the Islamic State had been created (illegal in Russia). At the same time, the fundamentalist issue is not limited to religious extremism, i.e. nowadays, there is a set of forms of this complex phenomenon, including ethnic and religious, market and even feminist fundamentalism. The fundamental bases of this phenomenon and its multifaceted nature are analyzed. The focus is on the Tea Party movement (the United States) that exemplifies the political fundamentalist movement. It is concluded that fundamentalism is a form of ideology and worldview that is not restricted to the religious field and is subject to the comprehensive and multidimensional analysis. ; В статье осмыслен феномен фундаментализма как существенной части современной глобализованной общественно-политической системы. Исторически понятие «фундаментализм» появилось в герменевтике и имело узкоспециализированную трактовку, обозначая буквальное прочтение религиозного текста. Зародившись в среде американских протестантов в качестве оппозиции религиозной модернизации и либерализации, фундаментализм вскоре стал значимой общественно-политической силой. Пика своей отрицательной известности фундаментализм достиг после создания Исламского государства (деятельность организации запрещена в России). Вместе с тем тема фундаментализма не исчерпывается религиозным экстремизмом: в современном мире существует множество форм этого многогранного явления, включая этнорелигиозный, рыночный и даже феминистский фундаментализм. В работе выявляются основания феномена фундаментализма и его многочисленные грани. Особое внимание уделено характеристике «Движения чаепития» (США), являющего собой пример политического фундаменталистского течения. В заключение утверждается, что фундаментализм - это в некотором роде форма мировоззрения и мировосприятия, не ограниченная религиозной сферой, а потому требующая всестороннего и многоаспектного анализа.

AbstractArmed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged (often violently) by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, "The Ethics of Limited Strikes," this essay examines the doctrine of armed reprisals in light of recent instances of states using force "short of war" in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain (such as the Tallinn Manual) are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system.

So far, the concept of legal capacity is absent in the acquis communautaire on contract law. This article argues that a common frame of reference and an optional European code of contracts cannot do without rules on legal capacity. In the national contract laws of the Member States the main aim of the invalidity of contracts for incapacity has been the protection of persons against the consequences of a misjudgment of their own interests. This raises the question why the law should only protect persons who belong to a limited number of categories who are presumed not to be able to take proper care of their own interests. This article argues that under European contract law a person who has concluded a contract which is actually (extremely) unbalanced deserves equal protection. Such a ?fair price? rule would contribute to substantive freedom of contract as it would facilitate access to the market. Finally, this article questions whether European contracts should be enforceable if they contribute to severely undermining the capabilities of other people (e.g. child workers in sweatshops) to choose the lives they have reason to value.

Judicial review of administrative agency action, with emphasis upon the limited nature of such review, has again been of major importance in Tennessee Administrative Law during the survey period, This is shown to be true not only in the number of decisions but also in the frequent utilization (and apparent broadening) of the doctrine of Hoover Motor Express Co. v. Railroad & Public Utilities Commission in according finality to administrative action. In addition to holdings on various aspects of judicial review, the Tennessee appellate courts contributed important decisions during the survey period dealing with delegation of legislative power and the application of the doctrine of res judicata to administrative action.

Epistocracy, roughly amounts to distributing political power in accordance with each citizen's competence for political decision-making. The problem, epistocrats hold, is that most voters in democracies are incompetent to vote. A central element of this diagnosis is that bad outcomes are largely attributable to lay citizens' incapacity to choose the right means to foster their preferences. I call this the Preferences/Means Discrepancy. Based on this diagnosis, most epistocrats argue that the best way to improve outcomes is by implementing some form of restricted electorate constituted by those deemed competent to vote. In this paper I elucidate epistocrats' understanding of competence to challenge the epistocratic idea of improving outcomes by restricting the electorate. I argue that the restricted electorate would fail to be competent under epistocrats' own terms, because it is faced with an epistemic problem: The Information Gap Problem. Epistocrats most likely definition of competence seems to be to possess relevant information. However, a restricted electorate would be formed by a homogeneous elite, which would therefore have limited access to a key form of information, namely, lay citizens' preferences. This gap of information questions the competence of the restricted electorate and makes epistocracy unsuited to address the Preferences/Means Discrepancy.